M/S CHOWDESHWARI DEVI ENTERPRISES v. THE AUTHORIZED OFFICER
WP/5630/2025 · 2025-02-28
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18337 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18337 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8793 WP No. 5630 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5630 OF 2025 (GM-RES)
BETWEEN:
M/S CHOWDESHWARI DEVI ENTERPRISES NO. 16/17/4, 1ST MAIN, 2ND CROSS SHANTHINGARA NONGASANDRA, BANGLAORE -560068 REPRESENTED BY ITS PROP.
SMT. CHOWDAMMA, NEAR OXFORD SCHOOL 2ND CROSS SHANTHINAGARA NEAR OXFORD SCHOOL W/O MUNIYAPPA K. NO. 16/17/4, 1ST MAIN, NONGASANDRA, BANGLAORE -560068 …PETITIONER (BY SRI. MOHANA CHANDRA P., ADVOCATE)
AND:
THE AUTHORIZED OFFICER M/S CANARA BANK,, BOMMANAHALLI BRANCH, BANGALORE-560068 REPRESENTED BY ITS CHIEF MANAGER …RESPONDENT (BY SRI.VIGNESH SHETTY., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SALE NOTICE DTD. 22.01.2025 ISSUED BY THE RESPONDENT ANK
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:8793 WP No. 5630 of 2025
IN ITS PROCEEDING NO. 3047/SN/01/2024-25 VIDE ANNX-E ISSUED BY THE RESPONDENT BANK AND GRANT AN INTERIM
ORDER TO STAY THE OPERATION OF THE IMPUGNED SALE NOTICE DTD. 22.01.2025 ISSUED BY THE RESPONDENT BANK IN ITS PROCEEDINGS NO. 3047/SN/01/2024-25 VIDE ANNX-E AND ALL FURTHER PROCEEDINGS.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE R DEVDAS
ORAL ORDER
Learned counsel Sri Vignesh Shetty, has entered appearance for the respondent and admits that a copy of the writ petition is served on him.
2.
Learned counsel for the petitioner submits that the outstanding amount even according to the respondent is Rs.67,43,875.31 and the petitioner will deposit 20% of the same within a period of four weeks from today and the petitioner will also undertake to pay the outstanding loan amount along with the accrued interest within a reasonable time.
3.
Learned counsel for the respondent however submits that the auction is scheduled to be held today and
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NC: 2025:KHC:8793 WP No. 5630 of 2025
on instructions it is submitted that no bidders have come forward. Therefore, the relief sought for in the writ petition has become infructuous.
4. In view of the statement made by the learned counsel for the respondent that the sale could not be held today and as and when fresh steps are taken by the respondent - Bank, the petitioner will have a new cause of action. However, if the petitioner seeks to deposit the said amount as undertaken before this Court, the same shall be accepted by the respondent - Bank without prejudice to the rights of the respondent - Bank to proceed in accordance with law. The writ petition is accordingly disposed of.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL